The thesis is concerned with the protection of users of Free Software. Free Software is available together with the rights to use, develop, and distribute them. The Free Software Definition... Show moreThe thesis is concerned with the protection of users of Free Software. Free Software is available together with the rights to use, develop, and distribute them. The Free Software Definition specifies the exact scope of these rights (called “user freedoms”). The thesis presents a reconstruction and an analysis of the model of the current framework that regulates the protection of the freedoms.The reconstructed framework consists of rules that enable users to exercise their freedoms, as well as the rules that limit or restrict users in exercising them (so-called “inefficiencies”). The main operational practices are analysed in the world of software communities and in the world of eGovernments.Properly organized communities are able to minimize many inefficiencies materially. eGovernments are able to affect how the inefficiencies of the current framework impact user freedoms. Whether eGovernments improve the protection of user freedoms depends on what type of an eGovernment is introduced (open or closed eGovernements).All in all, it follows from the given analysis that the freedoms are not sufficiently protected under the current framework. Given that finding, the thesis proposes improvements that should be implemented into the current framework so that the freedoms are adequately protected. Show less
This study ("Intellectual property in the conflict of laws") deals with the fundamental question whether the two most important intellectual property treaties, i.e. the Berne Convention 1886 and... Show moreThis study ("Intellectual property in the conflict of laws") deals with the fundamental question whether the two most important intellectual property treaties, i.e. the Berne Convention 1886 and the Paris Convention 1883, contain a conflict-of-law rule. The study reveals that the principle of national treatment in these treaties does indeed contain a conflict-of-law rule. The explanation given for this seems to be new. It provides a comprehensive and consistent interpretation of the respective provisions in the treaties, and it explains why we no longer understand this conflict-of-law rule today. The study provides, in addition, several new insights into the conflict of laws, aliens law, and the relationship between these two fields of law. Show less
The European Database Directive introduced a new protection regime for database producers in 1996. This was to complement the already existing copyright protection for collections. This new sui... Show moreThe European Database Directive introduced a new protection regime for database producers in 1996. This was to complement the already existing copyright protection for collections. This new sui generis right offers protection to producers who undertake a substantial investment in the production of a database. Even though it was presented as a unique right without precedent, its scope closely resembles an intellectual property right, while its rationale __ preventing misappropriation of another__s investment __ is related to the tenet of unfair competition. The sui generis right is the main focus of this book. Its most important concepts are extensively discussed, such as the criterion of the substantial investment, the definition of the producer, and the scope of the sui generis right. For this, a comparative study is made of the literature and case law of the Netherlands, France and the United Kingdom. Particular attention is paid to the important judgments which the European Court of Justice delivered on the sui generis right in November 2004. Furthermore, consideration is given to the (re)introduction of a compulsory licensing regime to ward off information monopolies. The book ends with a conclusion which contains proposals for a review of the Database Directive. Show less
